BILL ANALYSIS
SB 555
Page 1
SENATE THIRD READING
SB 555 (Karnette)
As Amended June 28, 1999
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 8-0 APPROPRIATIONS 20-0
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|Ayes:|Honda, Cunneen, Battin, |Ayes:|Migden, Brewer, Ackerman, |
| |Cedillo, Keeley, Oller, | |Ashburn, Campbell, |
| |Romero, Washington | |Washington, Davis, |
| | | |Hertzberg, Kuehl, |
| | | |Maldonado, Aroner, |
| | | |Romero, Runner, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Zettel |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Clarifies existing law regarding registration of arson
offenders. Specifically, this bill :
1)Clarifies existing law by requiring persons convicted of
aggravated arson to register.
2)Clarifies existing law by stating that registration as an
arson offender is a life-long requirement for a person
convicted after 1994, and a five-year duty for a person
convicted before that date and ordered to do so by the court.
3)Reinstates for five years the factor in aggravation of $5
million damages for the offense of aggravated arson. This
provision expired on January 1, 1999.
4)Shortens the period of time from 30 to 14 days that a person
convicted of arson must register with law enforcement after
entering a city, county, or college campus.
5)Simplifies existing law by stating that a juvenile committed
to the California Youth Authority (CYA) for arson must
register until he or she is 25 years old or until the record
is sealed, whichever occurs first.
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6)Provides that the probation department, rather than the court,
has the duty to inform a defendant released on probation of
his or her duty to register as an arson offender.
7)Provides that a person convicted of a misdemeanor may be
relieved of the duty to register if he or she successfully
petitions the court to dismiss a complaint following the
successful completion of probation.
EXISTING LAW :
1)Defines "aggravated arson" as setting a fire deliberately,
with premeditation, and with the intent to cause injury in
conjunction with one or more factors in aggravation. The
factors in aggravation are a previous arson conviction within
the past 10 years, damage in excess of $5 million, or damage
to five or more inhabited buildings.
2)Provides that the punishment for aggravated arson is 10 years
to life in prison.
3)Provides that a person convicted of arson and attempted arson
must register with local law enforcement. The duty to
register is a lifetime requirement except for a person
convicted before 1995.
4)Requires that a person convicted of arson must register within
30 days of coming into any county or city in which he or she
expects to reside.
5)Provides that the duty for a juvenile to register as an arson
offender ceases 10 years after the adjudication of the offense
for which the registration was required.
6)Requires the court to inform a defendant released on
probation, or discharged upon payment of a fine, of the duty
to register as an arson offender.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, negligible state costs and nonreimbursable
local costs.
COMMENTS : According to the author, "As a result of a number of
high profile arson fires in the Los Angeles area, ABX 8, a bill
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sponsored by the governor, was passed as urgency legislation in
September 1994. The primary purpose of this measure was to make
arson registration a lifetime requirement for those convicted of
certain arson offenses. Prior to ABX 8, only for certain
arsonists was registration required, and then only for a
five-year period.
"The sex and arson registration unit of the Department of
Justice is having a number of problems interpreting provisions
of the arson registration statute. Clean-up legislation is
needed to clarify this statute and to more closely conform it to
the sex registration requirements of Penal Code Section 290. In
addition, a provision in the code dealing with aggravated arson
was apparently inadvertently allowed to sunset. This provision
should be restored."
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744
FN: 0002022